With Trump's Crimes, SCOTUS's Illegitimacy, and Congress's Surrender - It's Time for a Constitutional Do-Over episode artwork

EPISODE · Feb 4, 2026 · 39 MIN

With Trump's Crimes, SCOTUS's Illegitimacy, and Congress's Surrender - It's Time for a Constitutional Do-Over

from Justice Matters with Glenn Kirschner

So friends, can I ask you a question? Does it feel like it might be time to start talking about a constitutional do-over?We have a corrupt and criminal president who feels completely unconstrained by the United States Constitution. As but one example: he has abused the constitutional pardon power beyond anybody's wildest imagination. We have a majority on the Supreme Court that feels completely unconstrained by the expressed language of the Constitution. As but one example, the Constitution provides that the president shall take care that the laws of the nation be faithfully executed. Yet the Supreme Court - a majority of the justices - interpreted that very language, that solemn duty to take care that the laws be faithfully executed, as indicating that a president has complete leeway to violate all the laws of our nation, victimizing wide swaths of the American population, and he has complete immunity from prosecutionThen we have Congress - one political party that has just laid down and let a tyrant in the oval office walk all over them - completely abandoning their status as a coequal branch of government.So let me ask you again friends: do you think it's time we talked about a constitutional do-over? Well, that's what I just talked about with my friend, law professor, and constitutional scholar Kim Wehle. Kim authored a great new piece - you can find it on Substack appropriately titled, "Is it time to start thinking about a constitutional do-over". And given that our Constitution is plainly not up to the task of governing in these dangerous and lawless times, I think the answer to that question is not just yes but hell yes! Link to Kim's piece: https://open.substack.com/pub/kimwehl...Find Glenn on Substack: glennkirschner.substack.comSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

So friends, can I ask you a question? Does it feel like it might be time to start talking about a constitutional do-over?We have a corrupt and criminal president who feels completely unconstrained by the United States Constitution. As but one example: he has abused the constitutional pardon power beyond anybody's wildest imagination. We have a majority on the Supreme Court that feels completely unconstrained by the expressed language of the Constitution. As but one example, the Constitution provides that the president shall take care that the laws of the nation be faithfully executed. Yet the Supreme Court - a majority of the justices - interpreted that very language, that solemn duty to take care that the laws be faithfully executed, as indicating that a president has complete leeway to violate all the laws of our nation, victimizing wide swaths of the American population, and he has complete immunity from prosecutionThen we have Congress - one political party that has just laid down and let a tyrant in the oval office walk all over them - completely abandoning their status as a coequal branch of government.So let me ask you again friends: do you think it's time we talked about a constitutional do-over? Well, that's what I just talked about with my friend, law professor, and constitutional scholar Kim Wehle. Kim authored a great new piece - you can find it on Substack appropriately titled, "Is it time to start thinking about a constitutional do-over". And given that our Constitution is plainly not up to the task of governing in these dangerous and lawless times, I think the answer to that question is not just yes but hell yes! Link to Kim's piece: https://open.substack.com/pub/kimwehl...Find Glenn on Substack: glennkirschner.substack.com See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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With Trump's Crimes, SCOTUS's Illegitimacy, and Congress's Surrender - It's Time for a Constitutional Do-Over

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This episode was published on February 4, 2026.

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So friends, can I ask you a question? Does it feel like it might be time to start talking about a constitutional do-over?We have a corrupt and criminal president who feels completely unconstrained by the United States Constitution. As but one...

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